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You are here: BAILII >> Databases >> Information Commissioner's Office >> Chiltern District Council (Decision Notice) [2009] UKICO FER0221965 (14 December 2009)
URL: http://www.bailii.org/uk/cases/UKICO/2009/FER0221965.html
Cite as: [2009] UKICO FER0221965, [2009] UKICO FER221965
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Chiltern District Council (Decision Notice) [2009] UKICO FER0221965 (14 December 2009)
Summary: The complainant requested the Council to release a copy of the pre-planning application file SN17253. The Council refused to disclose this information citing sections 40(2), 41(1) and 43(2) of the Act. As the complainant remained dissatisfied she approached the Commissioner. After considering the case and the withheld information, the Commissioner decided that the requested information is environmental information and therefore the complainant-™s request should have been considered under the EIR. The Council reconsidered the request and decided that three documents could now be disclosed. It advised that the outstanding documents remained exempt from disclosure under regulations 12(4)(e), 12(5)(e), 12(5)(f) and 13 of the EIR. The Commissioner considered the application of these exceptions. He decided that some of the information is third party personal data and therefore remained exempt from disclosure under regulation 13 of the EIR. He considered the application of regulations 12(4)(e), 12(5)(e) and 12(5)(f) to the remaining documents and concluded that these exceptions are not engaged. The Commissioner has therefore required the Council to release the remaining documents within 35 days of this Notice.
Section of Act/EIR & Finding: EIR 12.4.e - Complaint Upheld, EIR 12.5.e - Complaint Upheld, EIR 12.5.f - Complaint Upheld, EIR 13 - Complaint Not upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld